Heidi Li FeldmanTonight, an extraordinary order, opinion, and dissent make explicit that the ongoing cold Second American Civil War is raging at the U.S. Supreme Court, as it is throughout the U.S. 1/ #LawFedi
On the heels of the awful substantive Supreme Court ruling and opinion in _Callais_, Louisiana’s governor sought to cancel an ongoing election, House primaries, which had begun before the decision was handed down. He ordered cancellation even before the Callais judgment was made final, “certified”. There is a Supreme Court rule which delays certification for 32 days, allowing time for a party to request rehearing. 2/
There are almost no times when the Supreme Court has not followed this rule. But the Callais plaintiffs applied to the Court to have the judgment certified right now and tonight the Court ordered this to happen, trying to quash ongoing lawsuits filed to prevent Louisiana’s governor from cancelling the election, a result in no way required by Callais itself. 3/
All of this has happened on the shadow docket. So the Roberts Court has ok’d election cancellation without merits briefing, oral argument, etc.
This would be extraordinary and pernicious enough. But because Justice Ketanji Brown Jackson dissented and pointed out how exceptional and dangerous the Court’s order is, Alito, joined by Gorsuch and Thomas, wrote an opinion basically calling her uppity. 4/
You can read the order, opinion, and dissent at https://www.supremecourt.gov/opinions/25pdf/25a1197_097c.pdf.
You may want to read Jackson’s dissent, the second document in the file first. 5/
You may want to read Jackson’s dissent, the second document in the file first. 5/
Jackson lays out the Supreme Court rule and relevant precedents to explain that the Court’s short-circuiting of its own procedures has “principles give way to power.”
She writes forcefully but in an even, professional way. 6/
But Sam Alito just cannot handle a dissent from Brown that explains that he and the other Roberts Court judges who went along with him are nakedly using their privilege and authority to advantage the Republican Fascist Party and its white supremacist agenda. 7/
Taking the greatest umbrage, Alito starts, “The dissent in this suit levels charges that cannot go un-answered.”
What has so disturbed him? Jackson telling it like it is. 8/
Alito: “The dissent goes on to claim that our decision represents an unprincipled use of power. … That is a ground-
less and utterly irresponsible charge”.
Translation: How dare she? 9/
Finally, Alito concludes by chastising Jackson: “It is the dissent’s rhetoric that lacks restraint.” 10/
There you have it. In one exchange, central issues being fought in a so-far cold Second American Civil War are on full display at the Supreme Court. The issue of white supremacy is of course at play because tonight’s developments relate to Callais. But in Alito’s response to Jackson is an equally central issue: patriarchy. 11/
Alito simply cannot stand that Jackson has spoken as his equal and professional peer and questioned his ethics, integrity, practice of the craft of adjudication. He’s set off, in a way that most women I know will recognize. 12/
And he responds as lovers of patriarchy do: he calls his peer, a woman who disagrees with him, irresponsible for doing so and says her views, which she supported with factual information (the rule, the precedents, etc), are “baseless.”
Patriarchal posturing on full display. 13/
So far I’ve talked about how tonight’s order and opinion from Sam Alito and the Roberts Court take sides on white supremacy and patriarchy, two major issues in the current cold civil war in the US. The third big issue Alito and those justices who did not oppose his order take a side on (for sure Gorsuch and Thomas, who explicitly concur, and presumably the others in the Callais majority) is endorsement of authoritarian executive power. 14/
Remember: tonight’s order from the Roberts Court makes it almost impossible to reverse or stop the Governor of Louisiana from cancelling an ongoing election. Doesn’t get much more authoritarian than cancelling elections. But when done in service to white supremacist, patriarchal Republican Fascism - a palpably anti-democratic, authoritarian program - the Roberts Court is all for it. 15/
White supremacy, patriarchy and Republican Fascist authoritarianism in service of same: tonight’s order and opinion are in naked support of all three. 16/16
M.S. Bellows, Jr.
Masto Reader@msbellows here's the unrolled thread: https://mastoreader.io?url=https%3A%2F%2Fc.im%2F%40msbellows%2F116520177679416039
Next time, kindly set the visibility to 'Mentioned people only' and mention only me (@mastoreaderio). This ensures we avoid spamming others' timelines and threads unless you intend for others to see the unrolled thread link as well.
Thank you!
John Breen@heidilifeldman And as a white man, I say fuck all that.
LukefromDC@heidilifeldman Cancelling elections turns cold civil war hot